The Law of ejectments, or, A treatise shewing the nature of ejectione firme the difference between it and trespass, and how to be brought or removed where the lands lie in franchises ... as also who are good witnesses or not in the trial of ejectment ... together with the learning of special verdicts at large ... very necessary for all lawyers, attornies, and other persons, especially at the assizes &c.

Title

The Law of ejectments, or, A treatise shewing the nature of ejectione firme the difference between it and trespass, and how to be brought or removed where the lands lie in franchises ... as also who are good witnesses or not in the trial of ejectment ... together with the learning of special verdicts at large ... very necessary for all lawyers, attornies, and other persons, especially at the assizes &c.

Publication

London :: Printed for John Deebe ...,

1700.

Rights/Permissions

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Subject terms

Ejectment -- England.

Link to this Item

https://name.umdl.umich.edu/A49745.0001.001 content_copy

Cite this Item

"The Law of ejectments, or, A treatise shewing the nature of ejectione firme the difference between it and trespass, and how to be brought or removed where the lands lie in franchises ... as also who are good witnesses or not in the trial of ejectment ... together with the learning of special verdicts at large ... very necessary for all lawyers, attornies, and other persons, especially at the assizes &c." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A49745.0001.001. University of Michigan Library Digital Collections. Accessed May 8, 2024. content_copy

Contents

• title page
• THE PREFACE TO THE READER.
• THE CONTENTS OF THE CHAPTERS.
• THE LAW OF EJECTMENTS.
  • CHAP. I.
    • Of the Difference between Ejectione Firme and Quare ejecit infra Terminum.
    • In what Court this Action is to be brought, or not, and of Removal by Procedendo to an In∣feriour Court.
  • CHAP. II.
  • CHAP. III.
    • The Original is thus.
    • On the Retorn in B. R. quindena Pasche ubicunque.
    • Of Appearance.
    • Pledges.
    • Bail.
  • CHAP. IV.
  • CHAP. V.
    • If the Defendant refuse to confess Lease, Entry, and Ouster, the Rules are thus:
    • Of the Effect of an Entry according to the Rule, and where it will supply an actual Ouster, and where not.
    • As for ones being made Defendant, the Rules are thus.
    • Of the Ejectment-Lease.
  • CHAP. VI.
    • Of what things an Ejectione Firme may be brought, and what not.
    • Now as to Declarations in this Action, I shall lay down some General Rules.
    • DECLARATION.
    • By Coheirs or Coparceners.
    • By Tenants in Common.
    • By Baron and Feme.
    • By Joyntenants.
    • Upon a Lease by Tenant for life and him in Remainder.
    • By a Corporation.
    • Upon a Lease by Commissioners of Bankrupt.
    • By Copyholder.
    • By Administrator.
  • CHAP. VII.
    • Of the Delivery of Declarations, Filing and Entry.
    • Mr. Levett's Case of the Inner-Temple. Sir Roger Puleston, Kt. Plaintiff.Sir Peter Warburton and others, De∣fendants.
    • Declarations when amendable or not.
    • The Form of a Declaration in Ejectment in the Common Pleas. Mich. 16 Car. 2.
    • In the King's Bench.
    • In the Office of Pleas in the Exchequer.
    • Robinson. Pas. 15 Car. 2. Regis.
    • The like in B. R.
    • An Affidavit in Ejectment to move for Judg∣ment against the casual Ejector.
  • CHAP. VIII.
    • What shall be a good Plea in Abatement.
    • Of pleading to the Jurisdiction: Conisance of Plea, how to be demanded and allowed, and how pleaded.
    • Plea puis darrein Continuance.
    • Accord and Satisfaction a good Plea in E∣jectment.
    • Aid prier; where Aid shall be granted in this Action, and in what Cases not.
    • Bar or Recovery in one Ejectione, how far a Bar or Recovery in another.
  • CHAB. IX.
  • CHAP. X.
  • CHAP. XI.
    • Who shall be good Witnesses in this Action, or not.
    • What shall be good Evidence in this Action and what not.
    • As to Matters of Record.
    • Matters of Fait.
    • Where Bills, Answers, Depositions, &c. in Chancery, shall be good Evidence in this Action, or not.
    • Where an Answer in Chancery shall be good Evidence at a Tryal, or not.
    • Where, and in what Cases Depositions shall be read at a Tryal, and where not.
    • PEDIGREE.
    • What Matter may or must be Pleaded, and what Matter may or must be given in Evidence.
    • What Evidence the Jury shall have with them after Evidence given.
    • What shall be good Evidence to make Title in several Special Case.
    • Variance of the Evidence from the Declara∣ration, or what Evidence shall be said to maintain the Issue.
    • Of Demurrer to the Evidence.
    • Exemplification of a Verdict.
  • CHAP. XII.
    • A General Verdict.
    • As to the Rules of Special Verdict.
    • How, and in what Cases Special Verdicts shall be taken by Intent or Presumption, and what things shall be supplied.
    • Where and in what Cases Entry must be expres∣ly found or not, and of the force of the words prout lex postulat.
    • Of the Juries finding by Parcels.
    • Where a dying seised or possest, must be found.
    • Of Uncertainty in Special Verdicts.
      • As to Persons.
      • Uncertainty as to part of a House.
      • As to Certainty of Acres.
      • Of uncertainty in a Special Verdict, in reference to the Place or Vill.
      • As to time.
    • Of a Verdict in other Leases, or Date than is declared upon.
    • Verdict as to Baron and Feme.
    • Where, and in what Cafes Special Verdicts may be amended.
  • CHAP. XIII.
    • The Jury are to find Costs and Damages in Debt, Trespass, Ejectment, &c,
    • Writ of Inquiry.
  • CHAP. XIV.
    • The Form of entring Judgments in this Action.
    • Form of the Entry in Case of the Death of the Plaintiff or Defendant.
    • In what Cases, and for what Causes Judgments in Ejectment are Arrestable or Erroneous.
    • In what Cases Judgments shall be amended.
    • EXECUTION.
    • Of Judgment against ones own Ejector.
  • CHAP. XV. Habere facias Possessionem.
    • Sometime a Rule of Court is to give Possession.
    • In what Cases a new Habere fac' Possessio∣nem shall be granted or not, and of the She∣riffs demeanor therein.
    • Return de Hab' fac' Possessionem cum Fieri fac.
    • Of Misdemeanors in Possession.
  • CHAP. XV.
  • CHAP. XVII.
    • Release of Error, vid. supra.
    • Release by Casual Ejector is a fraud.
• THE TABLE.